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01/25/1994 - City Council Regular MINUTES OF A REGULAR MEETING OF THE 00003 EAGAN, CITY COUNCIL Eagan, Minnesota January 25, 1994 A regular meeting of the Eagan City Council was held on Tuesday, January 25, 1994, at the Eagan Municipal Center. This meeting was a continuation of the regular meeting scheduled for January 18, 1994, and postponed due to severe weather. Present were Mayor Egan and Councilmembers Wachter, Awada, Masin, and Hunter. Also present were City Administrator Tom Hedges, Community Development Director Peggy Reichert, Director of Public Works Tom Colbert, and City Attorney James Sheldon. Mayor Egan began the meeting by noting that the January 25, 1994, meeting is the continuation of the meeting scheduled for January 18, 1994. He said the City Council had made the decision to continue the January 18 meeting due to extreme weather conditions, which had prompted the Governor to close the schools and a number of other metropolitan cities to cancel or postpone their council meetings. He apologized for any inconvenience. After noting no changes, Hunter moved, Wachter seconded, a motion to approve the agenda for the January 25, 1994, regular City Council meeting. Aye: 5 Nay: 0 Councilmember Hunter recommended the following clarification to the minutes of the January 4,1994 regular City Council meeting: Page five, paragraph three, last sentence, add the words: "for the staffs position." Wachter moved, Hunter seconded, a motion to approve the minutes of the January 4, 1994 regular City Council meeting. Aye: 5 Nay: 0 The City Council noted the brief minutes for the January 18, 1994, regular City Council meeting, which only explained the continuance. No action was taken. Councilmember Hunter questioned the necessity of having a minimum bid under Item K, the Lexington Meadows RFP. He added that as long as the City Council has the right to reject any and all bids, a minimum bid was not needed. Assistant to the City Administrator, Jon Hohenstein, explained that including a minimum bid is a fairly common practice and is meant to insure that the property is sold at a fair market value. Mayor Egan indicated his agreement with Councilmember Hunter and his willingness to drop the minimum bid as long as the City Council is kept apprised of what the fair market value of the property is. A. Personnel Items Item 1. It was recommended that the hiring of Randy Bryant as a seasonal parks maintenance worker be approved. Item 2. Assistant Utility Billing Clerk--It was recommended that the hiring of Mary Ann Olson as Assistant Utility Billing Clerk be ratified. Item 3. Seasonal Winter Recreation Leader--It was recommended that the hiring of Dan Olson as a seasonal winter recreation leader be ratified. Item 4. Early Retirement/Temporary Mechanical Inspector--It was recommended that the resignation of temporary mechanical inspector, Robert H. Wieken, be accepted and the right to fill the position, reserved to the future. 00013 Page 2/EAGAN CITY COUNCIL MINUTES January 25, 1994 Item 5. Affirmative Action Plan--It was recommended that the updated City of Eagan Affirmative Action Plan/1994 be approved and submittal authorized to the State of Minnesota for certification. Item 6. Temporary Part-Time Seasonal Engineering Aide--It was recommended that the luring of Clark Wicklund as a temporary part-time seasonal engineering aide. B. Licenses. Plumbers It was recommended that the plumbers licenses listed in Exhibit A be approved. C. Ratify Joint Powers Agreement. 1994 Dakota County Landfill Abatement Funding It was recommended that the joint powers agreement for the 1994 Dakota County Landfill Abatement Funding be ratified. D. Extension. Recording of Final Plat. Autumn Ridge 4th Addition It was recommended that a 30 day extension to February 17, 1994, for the recording of the final plat of Autumn Ridge 4th Addition be approved. E. Temporary Beer License. West Publishing Men's Party. February 5. 1994 It was recommended that a temporary beer license for the West Publishing Men's party be approved for February 5, 1994. F. Ordinance Amendment to Chapter 10. Section 10.40. Subd.1. Adopt Minnesota Uniform Fire Code It was recommended that an ordinance be approved amending City Code, Chapter 10, Section 10.40, Subdivision 1, adopting the Minnesota Uniform Fire Code. G. Resolution in Support of Dakota County Water Resources Education Plan and Policy Statement It was recommended that a resolution supporting the Dakota County Water Resources Education Plan and Policy Statement be approved. 194.7 H. Approve Termination Agreement for Temporary Easement (Lot 1. Block 1. Pondview) It was recommended that the termination agreement for a temporary easement, Lot 1, Block 1, Pondview, be approved. 1. Project 646. Receive Feasibility Reprt/Order Public Hearing (Blue Cross Road - Overlay) It was recommended that the feasibility report for Project 646 (Blue Cross Road - Overlay) be approved and a public hearing scheduled to be held on February 15, 1994. J. Project 660. Receive Feasibility Report/Order Public Hearing (Wilderness Road 1-4 Additions - Street Restoration) It was recommended that the feasibility report for Project 660 (Wilderness Run 1-4 Additions - Street Restoration) be received and a public hearing scheduled to be held on February 15, 1994. 00011 Page 3/EAGAN CITY COUNCIL MINUTES January 25, 1994 K Extension and Modification of Minimum Bid. Lexington Meadows RFP It was recommended that an extension to the deadline of the Lexington Meadows RFP be approved to February 7, 1994, that the closing date be extended to April 1, 1994, and that the minimum bid to reduced to $192,000. L. Resolution Amending Aggregate Principal Amount of City of Eagan. Minnesota. Multifamily Housing Revenue Refunding Bonds (Surrey Garden Apartments Project) It was recommended that a resolution amending the aggregate principal amount of the City of Eagan, Minnesota Multifamily Housing Revenue Refunding Bonds for Surrey Garden Apartments Project (FHA Insured Mortgage Loan) Series 1994 be approved from $2,555,000 to the aggregate principal amount not to exceed $2,600,000. R-94.8 M. Resolution Amending Aggregate Principal Amount of City of Eagan. Minnesota. Multifamily Housing Revenue Refunding Bonds Aspenwoods of Eagan Apartments Project) It was recommended that a resolution amending the aggregate principal amount of the City of Eagan, Minnesota Multifamily Housing Revenue Refunding Bonds for Aspenwoods of Eagan Apartments Project, Series 1994, be approved from $5,500,000 to the aggregate principal amount not to exceed $5,580,000. 8-94.9 Hunter moved, Awada seconded a motion to approve the Consent Agenda with the elimination of the part of the motion for item K (Extension and Modification of Minimum Bid, Lexington Meadows RFP) that provides for a reduction in the minimum bid to $192,000. Aye: 5 Nay 0 w . < < BAR€:.. R > << R AhII > l I lI1 E f After an explanation by the City Administrator of the Organizational Business of the agenda, discussion was held regarding the order of commission balloting to be followed at this meeting. Councilmember Masin also discussed the problem of absenteeism being experienced by some of the commissions and noted the importance of paying attention to attendance. The Councilmember said the City has had the policy of not permitting three consecutive absences and she indicated her desire to have that policy enforced. It was then suggested that after three consecutive absences it may be appropriate to contact the member for an explanation and then report to the City Council. Mr. Hedges said he appreciated the Councilmember's comments and said staff would enforce the three consecutive meetings rule. Councilmember Masin then suggested that each commission member to be asked to evaluate the activities and recommendations the commission had worked on during the calendar year. She also suggested that liaison members from the City Council be appointed to each of the advisory commissions as a contact person for the chair or members of the commission, if needed, for communications during the calendar year. City Administrator Hedges noted Council's direction. A. ADVISORY COMMISSION APPOINTMENTS: Airport Relations Commission The following members were appointed to the Airport Relations Commission: a. Three-year term (2): 1. Michael Schlax 2. Pat Todd b. Two-year term (1): 3. Pat Soderling Page 4/EAGAN CITY COUNCIL MINUTES 00012 January 25, 1994 c. One-year alternate terms (2): 4. Lance Staricha 5. Rita Younger Burnsville/Eagan Cable Communications Commission The following members were appointed to the Burnsville/Eagan Cable Communications Commission: a. Three-year terms (2): 1. Doug Dahl 2. James Malec Egan moved, Hunter seconded, a motion to name without ballot, Tim Wilkin as the one year alternate member of the Joint Burnsville/Eagan Cable Communications Commission. Aye: 5 Nay: 0 Gun Club Lake Watershed Management Organization The following member was appointed to the Gun Club Lake Watershed Management Organization: Awada moved, Hunter seconded, a motion to appoint without ballot, Bruce Hutchins to a three year term on the Gun Club Lake Watershed Management Organization. Aye: 5 Nay: 0 Solid Waste Abatement Commission The following members were appointed to the Solid Waste Abatement Commission: a. Three-year terms (3): 1. Patrick Frater 2. Kenneth Ische 3. Floyd Hiar b. Two-year term (1): 4. John Tapper Masin moved, Hunter seconded, a motion to appoint without ballot, Wally Wall to the one year alternate term on the Solid Waste Abatement Commission. Aye: 5 Nay: 0 Economic Development Commission The following members were appointed to the Economic Development Commission: a. Three-year terms (4): 1. Cathy Clark-Matuszek 2. Karl Oestreich 3. Gary Morgan 4. Bradley Folkert Advisory Planning Commission The following members were appointed to the Advisory Planning Commission: a. Three-year terms (2): 1. Gunnar Isberg 2. Roy Wallace b. One-year remaining on three-year term (1): 3. Jerome Segal Page 5/EAGAN CITY COUNCIL MINUTES (0 3 January 25, 1994 Hunter moved, Masin seconded, a motion to appoint without ballot, Daniel Seidel, to the one year alternate position on the Advisory Planning Commission. Aye: 5 Nay: 0 Advisory Parks, Recreation & Natural Resources Commission The following members were appointed to the Advisory Parks, Recreation and Natural Resources Commission: a. Three-year terms (3): 1. Lee Markell 2. David Szott 3. Ken Tyler b. One-year alternate (1): 4. Michael Vincent B. ACTING MAYOR Mayor Egan appointed Councilmember Ted Wachter to serve as the Acting Mayor in the absence of Mayor Egan at City Council meetings and all other activities pertaining to the City of Eagan for 1994. C. LEGAL NEWSPAPER Hunter moved, Egan seconded, a motion to approve retaining the Dakota County Tribune (This Week Newspapers) as the City of Eagan's official legal newspaper. Aye: 5 Nay: 0 D. CITY COUNCIL MEETINGS Hunter moved, Egan seconded, a motion to approve the designation of the first and third Tuesdays of the month at 6:30 p.m. for official City Council meetings, and the designation of Monday, February 28, 1994 as the alternate date for the March 1 City Council meeting; and May 18, 1994, for the May 17 City Council meeting. Because observance of Rosh Hashanah and Sukkot ends at sundown on September 6 and September 20, respectively, consideration of individual items will be delayed upon request. Aye: 5 Nay: 0 E. COUNCIL MEETINGS/PRESENTATION GUIDELINES Hunter moved, Wachter seconded, a motion to approve the guidelines/handout for public presentations and public participation in City Council meetings. Aye: 5 Nay: 0 F. COMMITTEE/REPRESENTATIVE APPOINTMENTS (COUNCIL): Mayor Egan appointed Councilmembers to serve on the various standing committees as follows: 1. Finance Committee: (Chair) Hunter and Masin 2. Public Works Committee: (Chair) Wachter and Egan 3. Personnel Committee: (Chair) Awada and Hunter Hunter moved, Awada seconded, a motion to ratify the standing committee appointments as presented. Aye: 5 Nay: 0 Egan moved, Awada seconded a motion to retain Councilmember Masin as the City's representative on the Minnesota Valley Transit Authority Board. Aye: 5 Nay: 0 Hunter moved, Egan seconded, a motion to appoint Councilmember Masin as liaison to ISD #191, Councilmember Hunter as liaison to ISD #196 and Mayor Egan as liaison to ISD #197. Aye: 5 Nay: 0 00014 Page 6/EAGAN CITY COUNCIL MINUTES January 25, 1994 Egan moved, Hunter seconded, a motion retaining Councilmember Wachter as the City's representative on the History Committee, and Councilmembers Awada and Masin as the City Council's representatives on the Caponi Art Park Committee. Aye: 5 Nay: 0 Wachter moved, Awada seconded, a motion to retain Councilmember Hunter as the City's representative on the Dakota County League of Governments and Mayor Egan as the City's representative on the Board of the Minnesota Legislative Commission. Aye: 5 Nay: 0 PROJECT 662/CEDAR GROVE 7, S, 10, 11 & APPLEBAUM ADDITIONS Mayor Egan introduced this item as Project 662, Cedar Grove 7,8, 10, 11, and Applebaum Additions - Street Restoration. City Administrator Hedges explained the postponement of the January 18 regular City Council meeting, and apologized for any inconvenience for those persons who had intended to attend this public hearing. Mr. Hedges then explained the City Attorney's ruling on the postponement and its affect on hearing notices. Director of Public Works Colbert introduced Project 662 and explained the background and this project's part in the five year plan for capital improvements. Mr. Colbert then reviewed the process employed to determine whether improvements are needed in these areas. Mr. Colbert said a neighborhood meeting had been held and noted that as a result of citizen input, the project had been revised to address their concerns. Mark Hanson of Bonestroo, Rosene, Anderlik and Associates began with a slide presentation showing the present condition of the roads in the project area. Mr. Hanson said that the evaluation process of the road conditions had illustrated that sealcoating is no longer cost effective and reconstruction or overlays are indicated. Mr. Hanson also explained the extent of the construction in the project area, including the streets and utilities. In dosing, Mr. Hanson reviewed the costs of the project and the proposed financing of those costs. Director of Public Works Colbert pointed out that of the total costs, 54% were being paid by the City with only 46% proposed to be assessed to the adjacent property owners. Mayor Egan explained the process for this project and noted that representative appraisals would be performed to determine the assessable benefit associated with this project. He then opened the hearing to public comment. Rose Dukatz of 1815 East Bluestone Drive presented a petition and indicated that 18 of the 25 property owners on Bluestone Drive did not want their street repaired. She said all who had been contacted had signed the petition. Mayor Egan then noted that the PCI rating for Bluestone was 39 and asked the Director of Public Works to explain the PCI for the audience. Mr. Colbert said that the PCI rating, which in this case is 39, and is an average of the entire street. Because it is an average, some of the street is in better condition and some is in worse. Mr. Colbert said that the PCI (Pavement Condition Index) is a tool used to evaluate where a street is in its life cycle and what improvements are indicated. He cautioned, however, that the PCI is not the sole determining criterion and that staff attempts to look at the overall street segment and neighborhood in their entirety. Mr. Colbert noted that it is not cost effective to do parts of streets. Jerry Langland of 1777 Taconite Point stated that his street is not cracking and that sealcoating should suffice for at least the time being. He also noted that drainage on his street is good. Mr. Colbert noted that there are a variety of PCI ratings on Taconite and if Taconite Point is not included as part of the project now, when would it be done? He also noted that if the foundation for the street is lost, it will be much more expensive to bring up to standards at a later date. Mr. Colbert said that this is the point where it is most cost effective to do the job. Page 7/EAGAN CITY COUNCIL MINUTES 0 O O i January 25, 1994 In response to a request from Councilmember Awada, Director of Public Works Colbert explained the street life cycle and the best time to make improvements for the least cost thereby extending the life of the street for another 20 to 25 years. He said the point is reached where sealcoating is not appropriate because the cracks in the street are too wide and too numerous. He pointed out most of the streets in the project area had retained their structural stability to this point, however, he said that stability drops off very quickly toward the end of its life cycle. John Willenberg, 4068 Magnetite Point, said that he had noticed alligator cracking in the streets for the last ten years, however, they are still in good condition. He said it was his opinion that a good sealcoating would suffice. Mr. Willenberg said there is no traffic on his cul-de-sac and he did not want the improvements. Mayor Egan noted the points taken by Mr. Willenberg and asked the Director of Public Works to explain the repairs to those streets with the higher PCI rating. Mr. Colbert said the higher PCI rating allows the City to mill the top layers and put on an overlay. He said they do not need as much work as other streets in the neighborhood, however, this is a neighborhood project. Mr. Colbert also noted that those on the cul-de-sacs do use the other streets in the project area to get to and from their homes and if they are removed from the project, there may be some questions of equity. Mr. Colbert said the street improvements benefit not only the individual property owner but the neighborhood as well. Brad Gutknecht, 1937 Jade Lane, asked if everyone in the project area was paying an average price for the cost of the improvements. He then asked if the bids come in too high whether the residents will have a chance to reject the bids or whether they have to take what is bid. Director of Public Works Colbert said the City Council makes the decision, however, has the same concerns as the residents regarding the costs. He noted that this is an ideal time to do the improvements in order to get the best bid. After bids are received, the City Council will evaluate those bids and then decide whether or not to go forward with the project. Mr. Gutknecht asked whether the project could be rebid and Mr. Colbert indicated yes. At this point, Mayor Egan closed the hearing to public input. Mayor Egan indicated that there were a number of PCI ratings that were low, however, there were exceptions and asked whether it would be appropriate to postpone those streets for one or two years. Director of Public Works Colbert said even if the PCI ratings were half of what they are, the project could be postponed. However, it is a question of the quality the City wants to preserve it its neighborhoods. Mr. Colbert said he would not recommend a delay and added that the project is financially feasible and the appraisal process will insure that the assessments to the properties do not exceed the benefit. Mr. Colbert went on to say that streets are the most visible sign of the deterioration of a neighborhood and while some sections of street may be in better condition than another, the cost to repair them is proportionately lower. City Attorney Sheldon indicated that discussions had been held with Councilmembers Hunter and Masin as they own property in Cedar Grove #7. He indicated that in reviewing the matter, these Councilmembers have direct financial interest in the project and are not permitted to discuss the project at a City Council meeting or to vote on the project. Since a 4/5 vote of the entire City Council is necessary for this project to go forward, legal precedents were researched to see how to proceed in this matter. Mr. Sheldon said there was a case in the State with the exact situation and it was the court's conclusion that the remaining three City Councilmembers could make the appropriate decision. Mr. Sheldon said that Councilmembers Hunter and Masin were legally disqualified from participating. Wachter moved, Awada seconded a motion to close the public hearing and approve Project 662, Cedar Grove 7, 8, 10, 11 and Applebaum Addition (street restoration) and authorize the preparation of detail plans, specifications and appraisals. Aye: 3, Nay: 0, Abstain: 2 (Malin, Hunter). Page 8/EAGAN CITY COUNCIL MINUTES 00016 January 25, 1994 PROJECT 665/BLACKHAWK ROAD Mayor Egan introduced this item as Project 665, Blackhawk Road Street Rehabilitation/Improvements. After brief introductory remarks by Mayor Egan and City Administrator Hedges, Director of Public Works Colbert indicated this project is part of the City's five year capital improvements program and is slightly different from the previous because it involves a community collector street. Mr. Colbert noted that several properties are affected by both the previous project and this project and explained the assessment procedure for those properties. He then went on to explain the project and the basically two sections of Blackhawk Road to be improved. Mr. Colbert said because much of the property north of Silver Bell Road is unplatted, a number of properties were surveyed and monuments established to set the appropriate dedicated right-of-ways. He said the City has looked at reducing the roadway north of Silver Bell because there is less traffic, however, a certain amount of easement acquisition will be required. Mr. Colbert stated that a tree inventory was performed and significant trees identified, including those that can be moved and those that will have to be removed. Mr. Colbert indicated staffs willingness to work with the property owners to minimize the impact of the project on their property. Mark Hanson of Bonestroo, Rosene, Anderlik and Associates, gave a slide presentation outlining the road conditions of Blackhawk Road and the location of the proposed trail and sidewalk. Lastly, he explained the total cost for the project and the properties proposed to be assessed and at what rates. Director of Public Works Colbert noted that because of the shift in one segment of Blackhawk Road, on-street parking would be restricted to the west side only, north of Silver Bell Road. In addition, he pointed out that Blue Cross/Blue Shield would be assuming 24% of the special assessment even though BC/BS only accounts for 7% of the frontage. When Blue Cross Road is upgraded, they (Blue Cross/Blue Shield) will pay 100% of that improvement even with the heavy use by the rest of the community. In answer to a question from Councilmember Wachter, the Director of Public Works said that with new construction methods, the height of manhole covers can be accommodated much better than in the past. He stated the covers cannot be any higher than the current standard or they would be constantly hit by snowplows but he added that staff will also work on insuring that they are not installed too low. Director of Parks and Recreation Vraa stated that the City Council's adoption of the trails document provided for the City's overall trail system. He explained the reasons for installing the proposed trail and sidewalk on Blackhawk Road and pointed out that trailway and sidewalk construction costs are minimized when completed with road construction. Mr. Vraa noted that the proposed trailway would eventually connect with a trail on Blue Cross Road which in turn would connect to trails on Yankee Doodle, Pilot Knob and Diffley, for a circular route. Sue Olson, 3730 Blackhawk Road, stated that she has lived in Eagan for 35 years. She noted that because of the difficulty in getting out of driveways onto Blackhawk Road, she was concerned about the danger that posed to people using the trailways. In addition, she suggested that if a stoplight were installed at Highway 13 and Blackhawk, it would increase the amount of traffic through her neighborhood because of the improved access. Ms. Olson said the residents along Blackhawk Road should not have to pay for a street that is used by thousands of people. She noted that such assessments may force her leave her home and suggested using City funds to pay for the collector street. Mayor Egan pointed out to Ms. Olson that the City would be paying 78% of the costs associated with this project. Ms. Olson said the present policy is not fair and needs to be reexamined. Mayor Egan then asked Director of Parks and Recreation Vraa to address the safety concerns expressed by Ms. Olson. Mr. Vraa said that it is not unusual for driveways to intersect with trails and advised that most bike or trail users are cognizant of the conflict at driveways. He identified the three types of trail users and noted that it is the child users that they most want to get off the streets and onto trails. 00017 Page 9/EAGAN CITY COUNCIL MINUTES January 25, 1994 Missy Kramer, 3750 Blackhawk Road stated that her property would be severely impacted by this project. She said the improvements would impact their privacy and safety, do environmental damage and devalue their property. Ms. Kramer indicated that Blackhawk Road is very close to their home already and any construction bringing it any closer would cause severe problems. Further encroachment into the property would not allow a proper holding area for them to wait at the end of their driveway before entering Blackhawk Road. She also noted that a number of trees would be lost, thereby destroying their privacy and increasing the noise pollution to their home. In closing, Ms. Kramer asked why the eight foot trail was necessary and asked why it could not be relocated to Robin Lane. She said if it could not be relocated she would ask the other owners in the project area to join her in opposing the project and its assessments. Director of Public Works Colbert explained staff's attempts to mitigate the impact of this project on the Kramer property and the efforts they have made to save as much of the vegetation as possible. He said a significant oak could be saved, however, some of the mugo pines, which already appear to be in poor condition, may be lost. Mark Hanson added that the new road has been relocated to the west so Blackhawk Road would actually be further from the Kramer home, however, the trail would encroach closer. He noted that this is the tightest area of the project and most difficult to mitigate. Mr. Colbert said that because of the location of the trailway and the shifting of the road to the west, a larger "landing space" would result for the Kramers to enter Blackhawk Road from their rather steep driveway. He said he recognized the loss of vegetation on the Kramer property and said the staff would work with the Kramers in trying to find a solution. He also reminded them that an appraisal would determine the benefit or the lack of benefit to the property. Ross Kramer said he had attended the neighborhood meeting, however, was still not satisfied. He said the project would kill the oak tree on his property and further that the bike path would ruin his property. He also asked why the trail couldn't be shifted to Robin Lane. Director of Parks and Recreation Vraa explained the reasoning behind the trail proposed for Blackhawk Road and noted that a trail that deadended at the end of Robin Lane would not be used. He predicted trail users would continue to use Blackhawk Road putting the bikers, joggers, etc., back into the street. Considering the amount of traffic on Blackhawk Road, Mr. Vraa indicated it would be negligent to allow such an unsafe condition to persist. Robert Saleck, 3741 Blackhawk Road, questioned why the City was making such a "big deal" out of the trail when the real concern should be the upgrade of the road to accommodate its heavy usage. He said the City keeps squeezing the street down to accommodate the trail and is creating an "absolute mess." Greg Rathman, 3760 Blackhawk Road, said he is the owner of the old Cy Barry (010-76) property. He stated it is proposed he will be assessed a five lot equivalent, which would cost approximately $20,000. Mr. Rathman said it is unreasonable, especially with the loss of trees and the loss of privacy to his property. Mayor Egan indicated that the City has to establish proof before it can assess Mr. Rathman a five lot equivalent. In closing, Mr. Rathman said he had moved in the end of September and was unaware of the assessment until recently. It is likely the notice was sent to the previous owner. Mike Eastling, 1780 Monterey Lane, spoke in favor of the trail. He said he has young children who use bikes and need safe access to the park. He also noted that access from Monterey onto Blackhawk Road was rather steep and asked whether it could be lowered. He then suggested the City look into lowering the roadway to decrease the noise impact on neighboring properties. Director of Public Works Colbert pointed out that they had studied various alternatives but noted that lowering the roadway would impact the properties on the west side of Blackhawk Road because of their higher elevations. Mr. Eastling closed by saying he was not in favor of a signal at Highway 13 because he felt it would increase traffic through the neighborhood. Daniel Simon of 3935 Blackhawk Road indicated that 95% of the traffic on Blackhawk Road comes from outside the neighborhood. In referring to Blue Cross/Blue Shield's contribution to this project, he said the impact on that company could not be compared to that on individual property owners. He said while Blue Cross/Blue Shield was paying for 24% of the project, the remaining 76% would be assessed to only a few families. He said he would hate to see anyone leave their neighborhood because of the tax burden. Father Simon recommended that the sidewalk not be constructed and recommended that the money saved be invested 00013 Page 10/EAGAN CITY COUNCIL MINUTES January 25, 1994 in educating young people to observe the rules of the road. He indicated he was not objecting to the project, however, noted that when Blackhawk Road changed from a county road to a city road, the maintenance deteriorated. It was pointed out that Blackhawk Road has always been a city street, however, Father Simon said he would be happy to show documentation otherwise. Mayor Egan also noted that the cost of the trail and sidewalk were not intended to be assessed, therefore, the amount of assessments would not change with their elimination. Robert Brown of 3595 Blackhawk Road, said that while Blue Cross/Blue Shield accounted for only 7% of the frontage along Blackhawk Road, they accounted for 95% of the traffic. He said 24% of the assessment in that instance would be a good deal. He noted he was probably impacted the least by this project but expressed his opposition to the bike path and suggested it be relocated. Mike Ryan, 1795 Crestridge Lane, said he lives on a corner lot and is not proposed to be assessed, however, it did not change his opinion and his opposition to the bike trail. He asked with all the problems involved with its installation why it was needed north of Silver Bell Road. He suggested the City was going out of its way to accommodate a few people on the bike path rather than the people whose properties were impacted. Mr. Ryan agreed that the City needs to provide safety for youngsters but could do a better job of that by locating them away from a busy street. In closing he suggested a signal light on Highway 13 may help divert some of the traffic from Blue Cross/Blue Shield to Highway 13 rather than through the neighborhoods on Blackhawk Road. Mayor Egan pointed out that at least at the present, the intersection of Blackhawk Road and Highway 13 did not meet the warrants necessary for the installation of a traffic signal. Mr. Ryan then discussed the mature trees on the east portion of his property and the impact the improvements would have on them. Mr. Colbert said it was the City's intent to go around the trees. When told the City would do this by moving the roadway, Mr. Ryan questioned why the City would put all this effort into the trail. Nancy Leiran, 3910 Blackhawk Road, asked whether it was possible to get a record of the right-of-way. She said the information being used by the City was contradictory to the information she had. Director of Public Works Colbert said that Ms. Leiran was the owner of an unplatted parcel and that the City would have to acquire additional easements from her property. Ms. Leiran indicated she was not necessarily against the bike path but did have concerns about safety. She said they have a privacy fence near the right-of-way and was concerned about exiting through that fence as her driveway crosses the bike path. Jack Kaysen, 3645 Blackhawk Road, stated that the road was originally a township road and later a City street. He asked how assessment schedules are determined and whether they are on a lot equivalent or front foot basis. Director of Public Works Colbert explained and pointed out that Mr. Kaysen would be assessed on a one lot equivalent. Margaret Schreiner, 1795 Monterey Lane, appeared in support of the trailway. She stressed the importance of the safety the trail would provide adjoining neighborhoods. Wayne Peterson, 3729 Blackhawk Road, questioned whether the appraisals would be completed before the bids are received. Director of Public Works Colbert said the City Council wants the appraisals before any official action is taken. Mr. Peterson also asked who the appraiser was and how the appraisers are selected. Mr. Colbert explained that they are selected through an RFP process and two appraisers have been selected. Ross Kramer, 3750 Blackhawk Road, said he had told the City at the informational meeting that the plan was not acceptable. He invited the City Council to review his property. He suggested that the trailway be planned but rerouted and further suggested that controls be considered for the traffic on Blackhawk Road. He suggested that perhaps Blue Cross/Blue Shield could provide awareness and education to their employees about the use of the road. Dave Jungers, 3941 Blackhawk Road, said that the road improvements would cut off half his front yard and he did not understand the need for a sidewalk nd a trailway. 00013 Page 11/EAGAN CITY COUNCIL MINUTES January 25, 1994 Gary Tankenoff from Hillcrest Development said his company is the owner of the property at Highway 13 and Blackhawk Road. He said the property was purchased in 1969 and the company has paid five assessments on this property. He then referred to the 1983 improvements to Robin Lane and said it was their impression that those street and utility improvements would serve the entire property. He indicated they were not interested in two assessments on the property and said they looked forward to an appraisal. Mr. Tankenoff said Hillcrest is close to concluding a deal with a reputable home builder of single family homes, however, added that if the property receives more assessments, the deal would probably be off. In closing, he indicated he did not see a need for a sidewalk and he was not interested in a trailway. Director of Public Works Colbert said the property assessments had been based on a high density layout, however, since the new plan provides for eight proposed lots to take access off Blackhawk Road, the assessments would probably be cut in half. In addition, if the property could be laid out with no direct access onto Blackhawk, there would be no assessments. Floyd Hiar, 3720 Knoll Ridge Drive, indicated he was for the project and against it. Mr. Hiar said he supported the bike path but did share the concerns of the Kramers. He suggested the City go back to the drawing board and look at what's right for the neighborhood. Mayor Egan closed the hearing to public input at approximately 10:45 p.m. Councilmember Masin spoke on behalf of a resident who had contacted her but could not be present. In response, Director of Parks and Recreation Vraa said the least safe trail option was to have a trail marked in the street. Because of the high volume of traffic on this street and the narrowness of the roadway, he did not believe it appropriate. In answer to a question from Councilmember Awada, Mr. Vraa showed the intended trailway loop and noted that in higher traffic volume areas, it is standard policy to install a sidewalk or trailway on each sides of the street. Councilmember Masin indicated there are a lot of joggers and bikers on Blackhawk Road and while she is excited about the trail, she is concerned about its impact on the neighborhood. She asked if staff had looked at alternatives. Director of Public Works Colbert indicated that staff had looked at moving the trail to Robin Lane, however, did not feel that trail users would leave Blackhawk Road. Mr. Colbert indicated there is no other location for the trail and if the trail were put in the street, it would require an increase in the street width thereby further increasing the impact on the neighboring properties. Councilmember Masin asked whether there was a way to mitigate the traffic to Blue Cross/Blue Shield and Councilmember Wachter suggested that placing a signal at Highway 13 would encourage the Blue Cross/Blue Shield traffic to go down to Highway 13. Director of Public Works Colbert said the City has worked with MnDOT on that question and MnDOT will not agree to a signalized entrance onto Highway 13. Councilmember Wachter indicated he has fought for trails for the safety of pedestrians. He said there are few alternatives for the trailway system and their value is to the entire community. Councilmember Hunter outlined the issues on this project and indicated his sympathy for the neighborhood. He added, however, that while they were going to be impacted, it was important to minimize that impact to the extent possible. He also added that the Council would be remiss in not addressing the safety of children walking along Blackhawk Road. Mayor Egan also expressed his sympathies for the neighbors but noted that this is a vital link in the trailway system. In addition, he reminded the audience that whether the trail is installed or not, it will not change the assessments. Discussion then turned to the sidewalk issue. It was the Council's opinion that the sidewalk was not necessary and suggested that staff look at creative ways to solve the problems with the trailway. Director of Public Works Colbert said he feels confident that the road can be put in with minimum impact. He said he did not believe the design could be reduced any further without creating problems. Mayor Egan said that considering the number of property owners impacted by the project, staff should continue to work with them to mitigate that impact as much as possible. The suggestion was made that perhaps the trailway could be moved to the west side of Blackhawk Road but it was agreed that it would impact just as many property owners as it would on the east side. Page 12/EAGAN CITY COUNCIL MINUTES 000023 January 25, 1994 Hunter moved, Wachter seconded, a motion to close the public hearing and approve Project 665 (Blackhawk Road - street restoration & trailway improvements with the elimination of the sidewalk intended for the west side of Blackhawk Road, and authorized the preparation of detailed plans, specifications and appraisals. Aye: 5 Nay: 0 FINAL ASSESSMENT ROLL/PROJECT 658 CEDARVALE AREA STREETLIGHTS Mayor Egan introduced this item as the final assessment roll for Project 658, Cedarvale Area - Streetlights. There was no one in the audience who wished to address this issue. Director of Public Works Colbert stated that no objections had been received. Awada moved, Hunter seconded, a motion to receive the final assessment roll for Project 658 (Cedarvale Boulevard & Beau d'Rue Drive - Streetlights) and authorized its certification to Dakota County. Aye: 5 Nay. 0 Mayor Egan introduced this item as an update on the civic arena project. City Administrator Hedges indicated that Pat Dill, Chair of the Civic Arena Fund Raising Committee, was present to share an update on that group's activities. Pat Dill thanked Brad Schmidt for the excellent job he has done in the corporate area and the number of contributions received from that sector. He said a community-wide raffle is coming up and the Committee hopes to raise $100,000 from that effort. Mr. Dill then turned to the clarification of several issues. He asked whether the Committee's goal is $600,000 or whether that figure is flexible, especially if the wading pool is not built. Mayor Egan explained that the $600,000 figure was clarified at a workshop and because he thought it important to establish a precise figure, he had made the motion that the dollar amount be set at $600,000. Mr. Dill then said that the Committee is presently using the plans for Centennial to encourage donations. However, he said they are at the point where they need to hire an architect to get the kind of detail architectural drawings that will allow their "In-Kind" Committee to receive pledges from contractors. He said the contractors are unwilling to commit to a pledge without knowing what type of materials and amounts that will be required. Councilmember Wachter expressed his reservations about putting any City money into the project until the Committee has raised the $600,000. Councilmember Hunter and Mayor Egan expressed confidence that the money would be raised and both were willing to permit the Committee to use some of the money already raised to obtain architectural services. Councilmember Hunter allowed that under this plan, even if the project does not go forward, the City's $1.4 million will not have been used. Discussion then turned to hiring a construction manager/architect versus a design build company. After discussion, it was generally agreed that a design build firm is a total package and would probably cause problems with in-kind donations. Mr. Dill said the Committee is more inclined to hire a construction manager/architect and have the plans and specs drawn so they can go to various subcontractors for donations. Councilmember Wachter again disagreed with the process because of his understanding that the $600,000 would be raised by the Committee before any money was expended. Councilmember Hunter explained that the architectural fees could be viewed as a cost of fundraising, however, the costs will be offset since the drawings for the project would be needed eventually. He further stated that since the cost of the architect is not being borne by the City but the fundraising committee, there is no risk of prematurely spending any of the $1.4 million pledged by the City. 000 1 Page 13/EAGAN CITY COUNCIL MINUTES January 25, 1994 Additional questions and clarification requested by Mr. Dill were addressed in a memorandum from the City Attorney (Exhibit B). After discussion, it was agreed that the architectural process would proceed with funding out of community contributions. Director of Parks and Recreation Vraa said staff would come back to the Council with the process, including a time line, etc. Councilmember Wachter said he was disappointed that they have to go with an architect when everything is not yet in hand. He said it gives the impression that the project will definitely go forward. Mr. Dill said if the project doesn't go now, there will be some problems. ifww REZONING/GOOD VALUE HOMES Mayor Egan introduced this item as a rezoning for Good Value Homes/Pondview Townhomes, of approximately .8 AG (Agricultural) acres to R-3 (Townhouse) located east of I-35E, north of Englert Road in the SE 1/4 of Section 16. City Administrator Hedges said this item had been before the Advisory Planning Commission at their December 28 meeting and they had recommended approval. Director of Community Development Reichert explained the application and its location. Wachter moved, Awada seconded, a motion to approve the rezoning of .8 agricultural acres to R-3 Townhouse located north of Englert Road and east of I-35E. Aye: 5 Nay: 0 PRELIMINARY PLAT/GOOD VALUE HOMES Mayor Egan introduced this item as a preliminary plat for Good Value Homes/Pondview Townhomes, of approximately 12.5 acres consisting of 29 townhouse units located east of I-35E, north of Englert Road in the SE 1/4 of Section 16. City Administrator Hedges said this item had been before the Advisory Planning Commission at their December 28 meeting and they had recommended approval. Director of Community Development Reichert explained the application and its location. She reviewed the density as well as various access and road options. In closing, Ms. Reichert said it was staff's recommendation that Condition #12 be continued, Condition #14 deleted, and Condition #20 deleted because the Advisory Parks, Recreation and Natural Resources Commission did not recommend the tot lot requirement. John Peterson, representing the applicant, showed a schematic of the proposed units and noted the additional brick agreed to by Good Value Homes. Councilmember Awada stated that she had voted against the previous proposal but advised that this was a much better plan. There was no one in the audience to address this issue and Mayor Egan expressed his regrets that the resident who had attended the January 18 meeting was not present. Awada moved, Hunter seconded, a motion to approve a preliminary plat for Pondview Addition consisting of 29 townhouse units on 12.5 acres located north of Englert Road, west of Pilot Knob Road, east of I-35E and south of Fish Lake, subject to the conditions recommended by the Advisory Planning Commission (with the deletion of Conditions 14 and 20) and the conditions of the Advisory Parks, Recreation and Natural Resources Commission: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: Al,B1,B2,B3,B4,C1,C2,C3,C4,D1,El,F1,G1andH1 2. All exterior building materials shall be maintenance-free and decorative brick shall be added to the front side of each building. The applicant and City staff shall negotiate and reach an agreement as to the percentage of brick to be required for the townhome unit exteriors. 00022 Page 14/EAGAN CITY COUNCIL MINUTES January 25, 1994 3. All landscaped and sodded areas shall be served by underground irrigation. 4. All trash/recycling containers shall be stored in individual garages. 5. The developer shall be responsible for preparing and recording with the plat, appropriate documents establishing a homeowners' association. The documents must be submitted and approved by the City Attorneys office prior to final plat approval. Transfers of commons areas to the homeowners's association shall be recorded with the plat. 6. Temporary fencing shall be provided to protect shoreland trees during construction prior to issuance of a grading permit. 7. The development shall maintain a 30 foot vegetative buffer strip along the edge of Pond JP-3. 8. The lowest entry level of the proposed townhouses shall maintain a 3 foot freeboard above the HWL of Pond JP-3. 9. The City Council's action authorizing the upgrading of Englert Road to current City standards with the extension of utilities to serve the adjacent properties is required prior to final plat approval. 10. The development is required to provide adequate storm sewer to drain the existing low area in the undeveloped property south of Englert Road as well as the upgrade Englert Road. 11. The development is required to provide an 8" sanitary sewer stub with invert elevation of 845.0 and 6" water main service to the northerly, adjacent, undeveloped property. 12. The vacation of right-of-way adjacent to the cul-de-sac of Englert Road is required prior to final plat approval to allow for the platting of the units adjacent to the cul-de-sac. 13. The development shall include the 300 foot section of 6" water main along the west edge of the plat that will provide a looping system through this development. by the City 15. The cul-de-sac on the west end of the private street shall be 90-foot diameter to comply with the City Codes. 16. All private street construction shall have a crowned centerline providing for directional drainage into the gutter line. 17. The street grades shall not exceed 3% for the 100 feet approaching its intersection with another street. 18. In addition to cash dedication for water quality, the developer shall excavate 80 cubic yards of material beyond each flared end that discharges into Pond JP-3. 19. The applicant shall provide a heavy buffer along the I-35E right-of-way in accordance with a City approved landscaped plan. "tot " approve Aye: 5 Nay: 0 00023 Page 15/EAGAN CITY COUNCIL MINUTES January 25, 1994 PRELIMINARY PLAT/SILVER BELL 2ND ADDITION Mayor Egan introduced this item as a preliminary plat for Silver Bell 2nd Addition/Norman Vogelpohl, consisting of approximately 303 acres containing one 1.6 acre lot and an Outlot for future development located along the west side of Kennebec Drive in the SE 1/4 of Section 18. City Administrator Hedges said this item had been before the Advisory Planning Commission at their December 28 meeting and they had recommended approval. Director of Community Development Reichert explained the application and its location. Ms. Reichert noted a condition of preliminary plat relating to no outdoor storage. A representative of the applicant said all issues had been resolved. Hunter moved, Awada seconded, a motion to approve a preliminary plat for the Silver Bell 2nd Addition consisting of 30.27 acres for one lot on 1.54 acres and one outlot on 28.73 acres located on the north side of Kennebec Drive, southeast of Seneca Addition in the southeast quarter of Section 18 subject to the recommended conditions of the Advisory Planning Commission and the APRNRC: 1. These standard conditions of plat approval as adopted by Council action on February 2, 1993, shall be complied with: 2. A trash enclosure shall be contained within the building, or attached to the building, consisting of the same building materials as the principal building. 3. Rooftop mechanical equipment shall not be visible from any right-of-way. 4. The grading and drainage plan shall be revised to provide a permanent storm sewer outlet for the north half of the site and to delete the temporary siltation basin. 5. The proposed parking lot shall be designed to allow drainage to flow to the outside concrete curb and gutter which will convey the drainage to the proposed storm sewer system. 6. The development will be responsible for extending the 8" sanitary sewer in the proposed street to the north property line of the site. 7. The final utility plan shall include the extension of an 8" watermain in the proposed street from Kennebec Drive to the north property line of the site. 8. The final utility plan shall include a hydrant on the north end of the site to improve fire protection to this development. 9. The sanitary sewer service line to the proposed building shall include a manhole at the right-of-way line. 10. This development shall be responsible for all costs to construct the north/south public street to current City standards. 11. The two driveway connections to the public street shall include concrete aprons with a minimum width of 30 feet. 12. The north end of the public street shall include a temporary cul-de-sac with a 90 foot diameter. 13. The final plat shall dedicate 60 feet or right-of-way for the proposed north/south public street. 0002 Page 16/EAGAN CITY COUNCIL MINUTES January 25, 1994 14. The City Council authorization of the installation of streets and utilities to serve the proposed development is required prior to the final plat approval. 15. Any and all outdoor storage is prohibited. Aye: 5 Nay: 0 PROJECT 647/ENGLERT ROAD Mayor Egan introduced this item as Project 647, Receive Report/Order Public Hearing (Englert Road - Streets & Utilities). 0 Wachter moved, Hunter seconded, a motion to receive the feasibility report for Project 647 (Englert Road - Streets & Utilities) and schedule a public hearing to be held on February 15, 1994. Aye: 5 Nay. 0 PROJECT 670/SILVER BELL 2ND ADDITION Mayor Egan introduced this item as Project 670, Receive Petition/Order Feasibility Report, Plans & Specifications (Silver Bell 2nd Addition - Streets & Utilities). Wachter moved, Hunter seconded, a motion to receive the petition for Project 670 (Silver Bell 2nd Addition - Streets & Utilities) and authorize the preparation of a feasibility report and simultaneous preparation of detailed plans and specifications. Aye: 5 Nay: 0 CONTRACT 92-PP/TOWN CENTRE 100-ELEVENTH ADDITION Mayor Egan introduced this item as Contract 92-PP, Acknowledge Completion/Authorize City Maintenance (Town Centre 100 - Eleventh Addition - Services). Hunter moved, Wachter seconded, a motion to acknowledge completion of Contract 92-PP, (Town Centre 100 - Eleventh Addition - Utilities) and authorize perpetual City maintenance subject to the warranty provisions of the development agreement. Aye: 5 Nay. 0 RESOLUTION/1994 CDBG ALLOCATION Mayor Egan introduced this item as a resolution for the allocation of 1994 Community Development Block Grant funds. In discussing the allocation of funds, Councilmember Hunter asked whether Cedarvale would be eligible. Director of Community Development Reichert said that some improvements in the Cedarvale area defined as "blight removal" could possibly qualify; however, she did not believe road improvements, for instance, would. The Councilmember suggested that perhaps alternatives could be considered for that area, i.e, low or moderate-income housing. Mayor Egan and Councilmember Awada both complimented the balanced approach to this year's allocation of funds and Mayor Egan recommended that Councilmember Hunter's suggestion be researched for possible funding in 1995. Hunter moved, Masin seconded, a resolution outlining an expenditure plan for the 1994 use of Community Development Block Grant funds. Aye: 5 Nay: 0 0()®23 Page 17/EAGAN CITY COUNCIL MINUTES January 25, 1994 SPECIAL CITY COUNCIL MEETING Hunter moved, Egan seconded, a motion to approve special City Council meeting dates for February 1 at 5:00 p.m. for continued discussion regarding the downtown vision and Gun Club Road development issues and February 3 and 4 for the Staff/Council retreat. Aye: 5 Nay: 0 D.A.R.E. GRADUATIONS Council representatives will be present for D.A.R.E. graduations as follows: January 26, Oakridge Elementary, Councilmember Wachter January 27, Pilot Knob Elementary, Councilmember Hunter January 31, Northview Elementary, Mayor Egan February 1, Deerwood Elementary, Councilmember Masin ORDINANCE AMENDMENT/MAYOR'S SALARY At the request of Councilmember Hunter, an ordinance amendment increasing the salary of the Mayor will be researched for Council's information and possible action at the February 15 regular City Council meeting. Any action to increase the salaries of elected officials has to be taken prior to the general election in November but will not take effect until January 1 of the following year. CHECKLIST Wachter moved, Egan seconded, a motion to approve the checklist dated January 14, 1994, in the amount of $1,070,733.75 and the checklist dated January 14, 1994, in the amount of $78,669.70. Aye: 5 Nay: 0 ADJOURNMENT/EXECUTIVE SESSION The regular meeting of the Eagan City Council was adjourned to Executive Session to discuss pending litigation at approximately 1:00 a.m. on January 26, 1994. Those in attendance were Mayor Egan, Councilmembers Awada, Hunter, Masin and Wachter, City Administrator Hedges and City Attorney Jim Sheldon. The Executive Session was adjourned at approximately 1:15 a.m. KF CITY OF EAGAN E. VanOverbeke LAJP~ City lerk if you need these minutes in an alternative form such as large print, braille, audio tape, etc., please contact the City of Eagan, 3830 Pilot Knob Road, Eagan MN 55122, (612) 681-4600 (TDD phone: (612) 454-8535).